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SECTION 3. Welfare recipients under the age of eighteen must be enrolled and maintain satisfactory attendance, as defined by the Department of Education, in school as a condition of eligibility for benefits.

SECTION 4. (A) Minor mothers with a child born out of wedlock must live in the home of their parent or guardian to be eligible to receive AFDC benefits unless:

(1) the minor parent has no living parent or legal guardian whose whereabouts is known;

(2) no living parent or legal guardian of the minor parent allows the minor parent to live in his or her home;

(3) the minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the parent's having applied for AFDC;

(4) the physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent's parent or legal guardian;

(5) there is otherwise good cause for the minor parent and dependent child to receive assistance while living apart from the minor parent's parent or legal guardian or another adult relative or an adult supervised supportive living arrangement.

(B) If a minor parent makes an allegation supporting the conclusion that subsection (A)(4) applies, the department shall determine whether it is justified. Circumstances justifying a determination of good cause as provided for in subsection (A)(5) include, but are not limited to, written

SECTION 5. To eliminate restrictions that break up families and to encourage the formation of new families, the department shall remove the requirement that a child be deprived of support from one or both parents to be eligible for assistance and shall remove the one hundred hour rule and the recent connection to the labor force rule.

SECTION 6. To further strengthen the family unit and promote parental responsibility, emphasis must be placed on serving the family as a whole. Immunizations, school attendance, preventive health screenings, and pregnancy prevention programs as authorized by law for minor children must be monitored and encouraged.

SECTION 7. The State shall apply for a federal waiver to require AFDC and Medicaid applicants and recipients as an additional condition for receiving benefits to provide:

(1) the first and last name of the absent parent and putative father and any known licenses as defined in Section 20-7-941(4) which might be subject to revocation; and

(2) at least two of the following subitems on each absent parent and each putative father named:

(a) date of birth;

(b) social security number;

(c) last known home address;

(d) last known employer's name and address;

(e) either of the absent parent's name and address.

An applicant or recipient who fails to provide this information or who provides the names of two putative fathers, both of whom are excluded from paternity by genetic testing, is ineligible for assistance for himself or herself and the child for whom parental information was not provided unless the applicant or recipient asserts, and the department verifies, there

Upon legal establishment of paternity of the child in question, AFDC benefits may be established or reinstated if all other eligibility requirements are met.

SECTION 8. From the amounts collected by the South Carolina State Department of Social Services for children and the parents of such children who are currently recipients of aid to Families with Dependent children (AFDC), pursuant to Section 43-5-220 of the 1976 Code, the department may distribute these amounts as follows:

(1) of amounts collected which represent monthly monetary support obligations, the first seventy-five dollars of the monthly payment must be paid to the AFDC family and thereafter must be increased up to the amount of the monthly support obligation;

(2) if the amount collected is in excess of the amounts required to be distributed under item (1), the excess must be retained by the department as reimbursement for AFDC payments made to the family for which the State has not been reimbursed. Of the amount retained by the department, the department shall determine the federal government's share so that the department may reimburse the federal government, if required, to the extent of its participation in the financing of the AFDC payment.

(3) if the amount collected is in excess of the amounts required to be distributed under (1) and (2) the family must be paid the excess.

(4) payments made to the family in item (1) may not be used in determining the amount paid, if any, in AFDC or other welfare benefits.

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-936. When a child is born to parents, either or both of whom are unmarried and under eighteen years of age, the Child Support Enforcement Division of the State Department of Social Services may pursue support and maintenance of that child from one or both of the child's maternal and paternal grandparents as long as the parent of the child is under eighteen years of age."

SECTION 2. Title 20, Chapter 7, Article 9, Subarticle 3 of the 1976 Code is amended by adding:

Section 20-7-940. In addition to other qualifications necessary for holding a license, an individual who is under an order for child support also is subject to the provisions of this part.

Section 20-7-941. (A) As used in this part:

(1) `Arrearage' means the total amount overdue under an order of support.

(2) `Compliance with an order for support' means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to two months' support obligation.

(3) `Division' means the Child Support Enforcement Division of the State Department of Social Services. Enforcement of the State Department of Social Services.

(4) `License' means:

(a) a certificate, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use;

(b) a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;

(c) a hunting, fishing, or trapping license for recreational purposes;

(d) a watercraft registration.

`License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support and the department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.

(5) `Licensee' means an individual holding a license issued by a licensing entity.

(6) `Licensing entity' or `entity' means for the purpose of issuing or revoking:

(a) a license as defined in item (4)(a), a state agency, board, department, office, or commission that issues a license;

(c) a license as defined in item 4(c) and (d), the Department of Natural Resources, or an agent of the Department of Natural Resources.

(7) `Order for support' means an order being enforced by the division under Title IV-D of the Social Security Act and which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage.

Section 20-7-942. If a licensee is out of compliance with an order for support, the licensee's license must be revoked unless within ninety days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division establishing a schedule for payment of the arrearage.

Section 20-7-943. The division shall obtain information on licensees pursuant to Section 20-7-944 for the purposes of establishing, enforcing, and collecting support obligations.

Section 20-7-944. In the manner and form prescribed by the division, all licensing entities monthly shall provide the division information on licensees for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:

(1) name;

(2) address of record;

(3) social security number;

(4) employer's name and address;

(5) type of license;

(6) effective date of license or renewal;

(7) expiration date of license;

(8) active or inactive license status.

Section 20-7-945. (A) The division shall review the information received pursuant to Section 20-7-944 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that ninety days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to revoke the licensee's license unless the licensee pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage.

(1) request a review with the division; however, issues the licensee may raise at the review are limited to whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support; or

(2) request to participate in negotiations with the division for the purpose of establishing a payment schedule for the arrearage.

(C) The division director or the division director's designees are authorized to and upon request of a licensee shall negotiate with a licensee to establish a payment schedule for the arrearage. Payments made under the payment schedule are in addition to the licensee's ongoing obligation under the order for support.

(D) Upon the division and the licensee reaching an agreement on a schedule for payment of the arrearage, the division director shall submit to the court a consent order containing the payment schedule which upon the court's approval is enforceable as any order of the court. If the court does not approve the consent order, the court may require a hearing on a case by case basis for the judicial review of the payment schedule agreement.

(E) If the licensee and the division do not reach an agreement establishing a schedule for payment of the arrearage, the licensee may petition the court to establish a payment schedule. However, this action does not stay the license revocation procedures.

(F) The notification given a licensee that the licensee's license will be revoked in ninety days clearly must state the remedies and procedures available to a licensee under this section.

(G) If at the end of the ninety days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement.

(H) Upon notice of the revocation the licensee may appeal the licensing entity's action under the Administrative Procedures Act. However, on appeal the licensee is limited to the issues of whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support. An appeal from the decision of the licensing entity may be taken as any other appeal from a decision of the licensing entity.

(J) Notice required to the licensee under this section must be deposited in the United States mail with postage prepaid and addressed to the licensee at the last known address. The giving of the notice is considered complete ten days after the deposit of the notice. A certificate that the notice was sent in accordance with this part creates a presumption that the notice requirements have been met even if the notice has not been received by the licensee.

(K) Nothing in this section prohibits a licensee from filing a petition for a modification of a support order or for any other applicable relief. However, no such petition stays the license revocation procedure.

(L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies.

Section 20-7-946. (A) Information provided to a licensing entity pursuant to this section is subject to disclosure in accordance with the Freedom of Information Act.

(B) A person who releases information received by a licensing entity pursuant to this section, except as authorized by this section or another provision of law, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

Section 20-7-947. The State Department of Social Services may enter into interagency agreements with licensing entities necessary to implement this part. These agreements shall provide for the receipt of federal funds by a licensing agency to cover that portion of costs allowable in federal law and regulation and incurred by the licensing agency in implementing this part. Notwithstanding any other provision of law, revenue generated by a licensing agency must be used to fund the nonfederal share of costs incurred pursuant to this part. These agreements shall provide that a licensing agency shall reimburse the State Department of Social Services

Section 20-7-948. The State Department of Social Services shall promulgate regulations necessary to carry out this part and shall consult with licensing entities in developing these regulations."

SECTION 3. Title 20, Chapter 7 of the 1976 Code is amended by adding:

Section 20-7-9505. Notwithstanding Section 20-7-420 and any other provision of law, the Division of Child Support Enforcement of the Department of Social Services also has jurisdiction to establish paternity and to establish and enforce child support in cases brought pursuant to Title IV-D of the Social Security Act in accordance with this article.

Section 20-7-9510. As used in this article, unless the context otherwise requires:

(1) `Arrears' or `arrearages' means amounts of past-due and unpaid monthly support obligations established by court or administrative order.

(2) `Costs of collections' means costs as provided for in Section 20-7-1440 in addition to the monthly support obligation.

(3) `Court' or `judge' means any court or judge in this State having jurisdiction to determine the liability of persons for the support of another person.

(4) `Custodian' means a parent, relative, legal guardian, or other person or agency having physical custody of a child.

(5) `Dependent child' means a person who is legally entitled to or the subject of a support order for the provision of proper or necessary subsistence, education, medical care, or other care necessary for the person's health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.

(6) `Director' means the Director of the Child Support Enforcement Division of the State Department of Social Services.

(7) `Division' means the Child Support Enforcement Division of the State Department of Social Services.

(8) `Duty of support' means a duty of support imposed by law, by order, decree, or judgment of any court or by administrative order, whether interlocutory or final, or whether incidental to an action for

(9) `Monthly support obligation' means the monthly amount of current child support that an obligor is ordered to pay by the court or by the division pursuant to this article.

(10) `Obligee' means a person or agency to whom a duty of support is owed or a person or agency having commenced a proceeding for the establishment or enforcement of an alleged duty of support.

(11) `Obligor' means a person owing a duty of support or against whom a proceeding for the establishment or enforcement of a duty to support is commenced.

(12) `Order' means an administrative order that involves the establishment of paternity and/or the establishment and enforcement of an order for child support and/or medical support issued by the Child Support Enforcement Division of the State Department of Social Services or the administrative agency of another state or comparable jurisdiction with similar authority.

(13) `Receipt of notice' means either the date on which service of process of a notice of financial responsibility is actually accomplished or the date on the return receipt if service is by certified mail, both in accordance with one of the methods of service specified in Section 20-7-9520.

Section 20-7-9515. The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to Title IV-D of the Social Security Act. The notice shall include the following statements and information:

(1) That the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor's duty of support.

(2) That the division may issue an order of default setting forth the amount of the obligor's duty of support, if the obligor:

(a) fails to appear for the negotiation conference as scheduled in the notice; or,

(b) fails to reschedule a negotiation conference before the date and time stated in the notice; or

(c) fails to send the division a written request for a court hearing before the time scheduled for the negotiation conference.

(4) That the order of default must be filed with the clerk of court of the county in which the notice of financial responsibility was issued; that as soon as the order of default is filed, it shall have all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignment or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court.

(5) No court order for judgment nor verified entry of judgment may be required in order for the clerk of court and division to certify past due amounts of child support to the Internal Revenue Service or State Department of Revenue and Taxation for purposes of intercepting a federal or state tax intercept.

(6) The name of the custodian of the child on whose behalf support is being sought and the name and birth date of the child.

(7) That the amount of the monthly support obligation must be based upon the child support guidelines as set forth in Sections 20-7-852 and 43-5-580.

(8) That the division may issue an administrative subpoena to obtain income information from the obligor.

(9) The amount of arrears or arrearages which have accrued under an administrative or court order for support.

(10) That the costs of collections may be assessed against and collected from the obligor.

(11) That the obligor may assert the following objections in the negotiation conference and that, if the objections are not resolved, the division shall schedule a court hearing pursuant to Section 20-7-9525(C):

(a) that the dependent child has been adopted by a person other than the obligor;

(b) that the dependent child is emancipated; or

(c) that there is an existing court or administrative order for support as to the monthly support obligation.

(12) That the duty to provide medical support must be established under this article in accordance with the state child support guidelines.

(13) That an order issued pursuant to this article or an existing order of the court also may be modified under this article in accordance with the Uniform Interstate Family Support Act.

(14) That the obligor is responsible for notifying the division of any change of address or employment within ten days of the change.

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